Hulse v. Reevs
New York Surrogate's Court
Jesse S. Hulse died May 15th, 1884, leaving a will which was admitted to probate August 20th of the same year, and contained the following provisions : “ I give and bequeath unto my beloved wife, Sarah J. Hulse, all my personal property for her own benefit. .....
Read the full summary
Jesse S. Hulse died May 15th, 1884, leaving a will which was admitted to probate August 20th of the same year, and contained the following provisions : “ I give and bequeath unto my beloved wife, Sarah J. Hulse, all my personal property for her own benefit. ..... I further direct that the executors to this will may at their discretion and they are hereby empowered to dispose of the farm on which the tavern and store house is situated; also the house, lot and tannery adjoining j also a lot of 13 acres known as the Neely lot, all situated in Smith village, town of Minnisink, county of…
1Opinion of the Court
The Surrogate.
The first thing to be determined is whether' the fund is to be treated as real or personal property. It was derived from sales of real estate, made, in pursuance of the provisions of the will. The real estate was. not devised to the executors, nor was the. legal title vested in them by operation of law; it, therefore, descended to the heirs at law, subject, however',-,to the power of sale, which, when executed, divested the legal title of the heirs, and the purchase money became assets in the'hands of the executors.- The object of the testator to have his real estate converted…
2Cases cited5 opinions
- Loder v. . HatfieldNew York Court of Appeals · 1877
- Weyman's Executors v. RingoldNew York Surrogate's Court · 1849
- Roman Catholic Orphan Asylum v. EmmonsNew York Surrogate's Court · 1855
- Williams v. SeamanNew York Surrogate's Court · 1877
- Delavergne v. DeanNew York Supreme Court · 1873